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Construction and materials industries

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Assessing quantum meruit

Article Abstract:

There are a number of factors which UK courts may take into account when considering payment for work undertaken where there is no contract. In Laserbore v Morrison Biggs Wall, the judge focused on what would be a fair commercial rate for services rendered, rather than on a costs plus payment. The case of Lusty v Finsbury Securities indicated that the evidence of an expert regarding the value of the work is admissible. The House of Lords' decision in Way v Latilla indicates that there may be circumstances in which the contractors' entitlement can be assessed as a percentage of the benefit obtained by the recipient of the service.

Author: Jones, Martin
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1998
Construction industry, Laws, regulations and rules

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Law and its limits

Article Abstract:

Contractors are advised not to place too much emphasis on legal moves to ensure payments are made, as many firms avoid payment with counter-legal moves. Solvency can result when small firms are not paid on time, which should have legal implications on larger firms. Many small firms fail to take legal action for fear of being excluded from any future contract tenders.

Author: Meara, Christopher
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1999
Interpretation and construction, Construction law

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